论建立隐私政策备案审查的双轨机制

On the Establishment of a Two-track Mechanism for Privacy Policy Filing and Review

平台隐私政策存在着对用户隐私保护不周的问题,解决该问题有赖于构建常态化备案审查机制。《网络数据安全管理条例(征求意见稿)》为建立隐私政策的常态化备案审查机制提供依据。然而征求意见稿存在两个不足:一是只确立大型平台常态化备案审查机制,对同样需要纳入备案审查的中小型平台隐私政策未予规定。二是立法规定隐私政策报主管机关“同意”,未明确“同意”为备案审查。基于保护用户隐私的需要,尝试由行政机关和行业协会分别对大型和中小型平台隐私政策开展备案审查,即建立隐私政策审查的双轨机制。

The privacy policy of the platform has the problem of poor protection of user privacy,and the solution to this problem depends on the construction of a regular fling and review mechanism.The regulations on the Management of Network Data Security,which is soliciting opinions from the public,provides a basis for the establishment of a regular filing and review mechanism for privacy policies.However,the draft has two shortcomings:first,it only establishes a regular filing and review mechanism for large platforms,and there are no provisions for the privacy policies of small and medium-sized platforms that also need to be included in the filing and review mechanism.The second is to legislate that the privacy policy should be submitted to the competent authority for"consent",and that no clear"consent"is for filing and review.This paper attempts to establish administrative organs and industry associations to review the privacy policy of large and small and medium-sized platforms respectively,that is,to establish a two-track mechanism for privacy policy filing and review,so as to provide useful knowledge for the full protection of user privacy.